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January 22, 2024
University Students, Faculty, and Staff:
In continuing efforts to maintain a safe and healthy environment for its students, employees, and visitors, Auburn University has adopted and implemented policies and programs that address the illegal and improper use of alcohol and other drugs by members of the university community. The Board of Trustees has adopted a Drug-Free Campus and Workplace policy, and the administration has implemented a Smoke-Free Campus Policy.
The following online information is provided annually to all students and employees of Auburn University in compliance with our policies and the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. More information can be found at the following websites:
Please read this information carefully and assist the university in achieving a drug-free campus and environment.
Federal Drug-Free Workplace Act Requirements
Implementation of the University's Drug and Alcohol Prevention Program (DAAPP)
The president has appointed an advisory committee for a drug-free campus and workplace to:
- Establish procedures and develop informational materials to annually distribute to students and employees.
- Provide recommendations to promote and further develop the university’s drug and alcohol prevention program.
- Evaluate the university’s drug and alcohol prevention program biennially to determine its effectiveness and ensure that disciplinary sanctions are consistently enforced.
Alcohol and other drug use and abuse pose a potential risk to the health, safety and educational/occupational experience for Auburn University students, staff and faculty. The negative impact of student alcohol and drug use is often felt in the broader Auburn community through noise, vandalism, vehicle crashes, and use of community resources such as Auburn Public Safety and East Alabama Medical Center. Alcohol and Drug Prevention programs and policies of Auburn University are designed to support the larger mission of the University as well as the time-honored values of the Auburn Family. By incorporating a public health perspective to address high risk and excessive substance use, the university’s prevention approach strives to create an environment that fosters academic success, increases student retention, and promotes the safety and wellbeing of all members of the Auburn University Community.
Auburn University relies on evidence-based and theory-driven public health research, theory, and practice in developing comprehensive alcohol and drug prevention programs and policies. Specifically, Auburn University’s education, prevention, and intervention programs are grounded in the social ecological framework and employs a 3:1 framework. This targets interventions at individuals, groups, and the campus/community as a whole. The University also looks to existing federal, state, and local laws to define and regulate the appropriate and legal consumption of alcohol in the University community.
Alcohol and Drug Education, Prevention, and Intervention
Employee Assistance Program (EAP): Auburn University’s EAP provides information and referral to employees about a variety of topics, including alcohol and drugs.
- Location: Human Resources Complex 1550 E. Glenn Ave
- Phone: 844-4145
Auburn University Medical Clinic (AUMC): AUMC provides students and employees medical evaluation for alcohol and other drug concerns, treatment and/or referral for intensive inpatient or outpatient services when indicated.
- Location: 400 Lem Morrison Drive
- Phone: 844-4416
Student Counseling & Psychological Services (SCPS): SCPS Provides assessment, education and first-level intervention (individual & group counseling) for students with alcohol and other drug concerns. Referrals are provided for intensive inpatient or outpatient services when indicated. Educational information on alcohol and other drugs is available through SCPS. Staff is available to provide campus-wide educational programs upon request. Additional educational resources/links and online alcohol screening are available at www.auburn.edu/scs.
Click on the “Mental Health Screening” icon found under Outreach on the home page to learn more.
- Location: 400 Lem Morrison Drive, Suite 2086
- Phone: 844-5123
Auburn University Pharmaceutical Care Center (AUPCC): The AUPCC is located on the second floor of the Harrison School of Pharmacy (HSOP) which is located in the Walker Building on campus. The AUPCC offers the “Pack It Up” tobacco cessation program for employees and students who wish to stop smoking or stop using smokeless tobacco products. This individualized service is provided by pharmacy faculty, post-doctoral pharmacy residents, and senior pharmacy students. Pharmacists meet with each patient one-on-one to evaluate readiness to quit using tobacco and assess whether a medication (such as nicotine replacement therapy, bupropion, varenicline, etc.) might be beneficial. If a prescription product is appropriate, the pharmacist coordinates this care by working with the patient’s physician. Exhaled carbon monoxide levels are monitored to provide feedback for smokers during the quit attempt. Pharmacists provide continued monitoring, assistance, and support.
- Location: 2155 Walker Building (Employees and dependents can also be seen in the AUPCC sites located in Montgomery (AUM), Birmingham, Tuscaloosa, and Huntsville.)
- Phone: 844-4099
- Email: aupcc4u@auburn.edu
East Alabama Mental Health Center: Intensive outpatient treatment for substance abuse problems is available through: Opelika Addictions Center and Russell County Addiction Center.
- Location: 2300 Center Hills Drive, Building 1, Opelika, AL 36801
- Phone: 772-2877 or 1-800-815-0630
Auburn University Recreation and Wellness: The office of Recreation and Wellness is responsible for developing and implementing alcohol and drug prevention programs, such as the Tiger Education Screening Intervention (TESI) and the Auburn University Recovery Community. TESI is an individual educational intervention program for Auburn University students who have experienced negative consequences or other problems related to alcohol use. TESI is designed to help students make better alcohol-use decisions and to reduce their risks for alcohol-related harm. The Auburn University Recovery Community provides a supportive environment in which students recovering from addictive disorders can successfully pursue academic, personal, and professional goals to become productive members of society.
Additionally, the office offers the Substance Use Intervention Team. The Substance Use Intervention Team is a comprehensive program to address a student’s substance use. This program is appropriate for students who are experiencing significant negative consequences related to their use. SUIT is a minimum of 8 weeks and includes weekly meetings with a case manager, therapist, group meetings, and random drug testing. All sessions are confidential. The only cost associated with SUIT will be for drug testing ($41 per drug test).
Recreation and Wellness also provides education through group presentations, online courses, outreach and other training opportunities. These efforts target high risk groups, first year students and prevention partners. This educational effort begins at Camp War Eagle, Auburn University’s comprehensive orientation program, and is heavily emphasized during the first 6 weeks of school as part of the First 56. The First 56 is an initiative aimed at encouraging healthy decision making, academic success and student engagement. This environmental management strategy is modeled after similar by the CollegeAIM, NIAAA Alcohol Intervention Matrix.
- Location: 601 Heisman Drive
- Phone: 844-1528
- Email: hpws@auburn.edu
Further Information
Standards of Conduct
Disciplinary Sanctions
The university will impose sanctions (consistent with local, state, and federal law) upon all employees and students who violate these standards of conduct. Such sanctions may include, but are not limited to:
- referral for prosecution;
- probation, suspension, or expulsion of students;
- suspension or termination of employees.
University policies informing potential disciplinary sanctions include the following:
Drug and Alcohol Testing Program Policy
Parent/Guardian Notification of Alcohol and Drug Incidents Policy
Types of Drugs
Depressants (of the central nervous system)
- Opioid derivatives/narcotics (heroin, morphine, codeine, hydrocodone [Lortab or Vicodin combinations], oxycodone [Oxycotin], methadone and opium). Lowers the perception of pain and can cause lethargy, apathy, loss of judgment, and self-control. Physical and psychological tolerance and dependence develop. Overdoses cause trouble breathing, convulsions, coma, and death. Additional risks of use include malnutrition, hepatitis, and AIDS (with the injectable opioids).
- Sedative/Hypnotics
- Alcohol is a powerful depressant. Alcohol use decreases alertness and inhibitions. Accidents and/or risky behaviors can occur with possible negative consequences to health such as disease transmission. Long-term, heavy drinking is linked to cancer, stomach problems, heart and liver damage, birth defects and psychological disorders. Tolerance, physical, and psychological dependence develop. Danger increases when mixed with other drugs, particularly other depressants
- Benzodiazepines, e.g. alprazolam (Xanax), diazepam (Valium), and lorazepam (Ativan) are tranquilizers or antianxiety agents that are also depressants and can cloud judgment/reactions. They are especially dangerous when mixed with other depressants such as alcohol.
Rohypnol (flunitrazepam) is also a benzodiazepine and is a potent tranquilizer; it goes by several names, most commonly “roofies.” Used with other drugs such as alcohol, the effects of Rohypnol intensify. This drug is known as the perfect “date rape drug.” It can be slipped into beverages without detection (no change in taste or appearance). Within 30 minutes victims appear extremely intoxicated, are unable to resist unwanted advances, and afterwards, are unable to identify perpetrators since Rohypnol produces amnesia. With repeated use, physical and psychological dependence may develop. Respiratory failure and death may occur if used in combination with other drugs. - Barbiturates (downers), tranquilizers, and methaqualone (commonly called Qualudes) may cause confusion and loss of coordination. Tolerance, physical, and psychological dependence develop. Overdoses cause coma and death. Depressants taken in combination with alcohol are especially dangerous due to their combined effects.
- Inhalants (aerosol products, lighter fluid, paint thinner, amyl nitrite, glues, and other volatile solvents) can cause loss of coordination, loss of bowel and bladder control, confusion, and hallucinations. Overdoses cause convulsions, cardiac arrest, and death. Psychological dependence develops. Permanent damage to lungs, brain, liver, and immune system may occur.
Stimulants
-
- Amphetamines (uppers, speed), dextroamphetamine, methamphetamines (ice, crystal), methylphenidate (Ritalin) and amphetamine salts (Adderall) cause increased alertness, trouble sleeping, decreased appetite, and weight loss and can cause euphoria and hallucinations during acute toxicities. Tolerance, psychological and physical dependence develop. Continued high doses cause heart problems, high blood pressure, malnutrition, and death.
- Cocaine or crack cocaine causes confusion, depression, and hallucinations. Tolerance and physical dependence develop. Effects are unpredictable; convulsions, coma, cardiac arrest, and death are possible. Nasal membranes may be destroyed when snorted. Smoking causes lesions in the lungs. Brain damage may occur.
- Caffeine in larger doses (>250 mg) results in caffeinism (agitation, anxiety, headache, insomnia, tremors). Larger doses, or if mixed with other stimulants, may result in delirium, high blood pressure, heart rhythm disturbances, convulsions and respiratory arrest.
Hallucinogens (psychedelics)
-
- Lysergic Acid Diethylamide (LSD) causes hallucinations and panic. Effects may recur (“flashbacks”) even after use is discontinued. Tolerance and psychological dependence develop. Severe effects may occur in mother or baby if taken during pregnancy.
- Phencyclidine (PCP) causes depression, hallucinations, confusion, and irrational behavior. Tolerance develops. Overdoses may cause convulsions, coma, or death.
- Mescaline (peyote), mushrooms (psilocybin), Ecstasy and other “designer” hallucinogens cause anxiety, depression, paranoia, illusions, and hallucinations. Impaired perceptions may occur. Irreversible brain damage may occur.
- Cannabis (marijuana) alters mood and perception. Use may cause confusion and loss of coordination. Longterm use leads to tolerance and psychological dependence. Users frequently begin using other drugs. Long-term use causes damage to lung tissue and other illnesses. Marijuana contains higher levels of carcinogens than tobacco.
Other
-
- Gamma Hydroxy Butrate (GHB) is a synthetic “date rape drug” that is a colorless and odorless central nervous system depressant. It is commonly called “G” and is associated with other “club drugs.” Originally introduced as a treatment for narcolepsy, it is now an illegally manufactured drug. Gamma Butyrolactone (GBL) is a chemical found in GHB and associated with GHB. GHB is found in liquid form and is used the same way as is Rohypnol, on an unsuspecting victim. The effects of GHB can be felt as quickly as fifteen minutes after being introduced into the body. It has no taste when mixed in a drink or water, but there may be a salty aftertaste. Memory loss is associated with GHB as is nausea, unconsciousness, breathing difficulty, seizures, and possibly coma.
- Ketamine Hydrochloride (Ketamine) is another “date rape drug,” or “club drug” used legitimately for general anesthesia of humans and animals. It is more commonly known as “Special K.” It is found in liquid form but can be processed and then introduced into the body orally or by inhalation. The effects of ketamine include nausea, slurred speech, agitation, elevated blood pressure, breathing problems, and hallucinations or out-of-body experiences.
- Methylenedioxy-Methylaphetmain (MDMA), or Ecstasy is commonly known as XTC. It is a synthetic stimulant and is being recognized as a “date rape drug” by many law enforcement entities. It is usually found in tablet form with a variety of different imprints ranging from the design of a butterfly to the word: SEX. Ecstasy can be deadly when mixed with alcohol. Other effects include anxiety, inability to sleep, chills, increased heart rate and blood pressure, rapid eye movement, and confusion
- Synthetic Marijuana (Spice or K2) may be sold in legal retail outlets as herbal incense and can be labeled not for human consumption to mask their intended purpose and avoid FDA oversight. These products consist of plant material that has been laced with substances that claim to mimic THC, the primary psychoactive ingredient in marijuana, and are often marketed as a “legal” high. Please note these substances are currently illegal in Alabama.
Tobacco
Tobacco use in the form of cigarette smoking is linked to emphysema, lung cancer, heart disease, and other illnesses. Physical and psychological dependence may develop. Smokeless tobacco use leads to cancer of the head and neck areas. Passive smoking may increase upper respiratory illnesses.
Auburn University is a smoke-free campus. This will provide a healthier and cleaner community. Members of the Auburn Family interested in quitting can contact the Auburn University Harrison School of Pharmacy, the Auburn Medical Clinic, or the Office of Health Promotion and Wellness Services for more information about cessation programs and services.
Anabolic Steroids
Anabolic Steroids may produce behavioral effects including aggressiveness, irritability, impaired judgment, impulsiveness, mania, and paranoid delusions. Sexual functioning is frequently impaired. Serious health problems include cancer and liver and heart disease.
Federal Trafficking Penalties for Schedules I, II, III, IV and V (Except Marijuana)
| Substance/Quantity | Schedule | Penalty |
|---|---|---|
| Cocaine 500-4999 grams mixture |
II | First Offense: Not less that 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less that 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less that 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine if not more than $8 million if an individual, $50 million if not an individual. |
| Cocaine Base 28 - 279 grams mixture |
II | |
| Fentanyl 40 - 399 grams mixture |
IV | |
| Fentanyl Analogue 10 - 99 grams mixture |
I | |
| Heroin 100 - 999 grams mixture |
I | |
| LSD 1 - 9 grams mixture |
I | |
| Methamphetamine 5 - 49 grams pure or 50 - 499 grams mixture |
II | |
| PCP 10 - 99 grams pure or 100 - 9999 grams mixture |
II |
| Substance/Quantity | Schedule | Penalty |
|---|---|---|
| Cocaine 5 kilograms or more mixture |
II | First Offense: Not less that 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. |
| Cocaine Base 280 grams or more mixture |
II | |
| Fentanyl 400 grams or more mixture |
IV | |
| Fentanyl Analogue 100 grams or more mixture |
I | |
| Heroin 1 kilogram or more mixture |
I | |
| LSD 10 grams or more mixture |
I | |
| Methamphetamine 50 grams or more pure or 500 grams or more mixture |
II | |
| PCP 100 grams or more pure or 1 kilogram or more mixture |
II |
| Substance/Quantity | Penalty |
|---|---|
| Any Amount of Other Schedule I & II Substances | First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life and/or fine not to exceed $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious injury, life imprisonment and/or fine not more than $2 million if an individual, $10 million if not an individual. |
| Any Drug Product Containing Gamma Hydroxybutyric Acid | |
| Flunitrazepam (Schedule IV) 1 Gram | |
| Any Amount of Other Schedule III Substances | First Offense: Not more than 10 yrs. If death or serious bodily injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1million if an individual, $10 million if not an individual. |
| Any Amount of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam | First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
| Any Amount of All Other Schedule V Drugs | First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if not an individual, $500,000 if not an individual. |
| Marijuana 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants |
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs, or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million of other than an individual. |
| Marijuana 100 - 999 kilograms marijuana mixture or 100 - 999 marijuana plants |
First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if the other than an individual. Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50 million if other than an individual. |
| Marijuana 50 - 99 kilograms marijuana mixture, 50 - 99 marijuana plants |
First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual.. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual. |
| Hashish More than 10 kilograms |
|
| Hashish Oil More than 1 kilogram |
|
| Marijuana Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 - 49 marijuana plants |
First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
| Hashish 10 kilograms or less |
|
| Hashish Oil 1 kilogram or less |
State of Alabama Controlled Substances/Marijuana Violations and Penalties
CONTROLLED SUBSTANCES
| Violation | Penalties | AL Code § |
|---|---|---|
| Trafficking: Knowingly sells, manufactures, delivers or brings into state cannabis (in any of its forms), cocaine, heroin, morphine, opium, methaqualone, hydromorphine, methylenedioxy amphetamine, phencylidine, lysergic acid diethylamide, methamphetamine, or LSD | Class A Felony Imprisonment & fines depending on amounts Prison: Ranges from 3 years to mandatory life in prison without parole Fine: Ranges from $50,000 - $250,000 |
13A-12-231 |
| Sale of controlled substance by person of 18 to person under 18 | Class A Felony Not eligible for suspended sentence or probation Prison: 10 - 99 years or life Fine: Not more than $60,000 |
13A-12-215 |
| Sale of controlled substance that is on the campus or within a 3-mile radius of campus boundaries of any public or private school, college, university or other educational institution or of public housing | Class A Felony Prison: Add 5 years to penalty |
13A-12-250 13A-12-270 |
| Engages in a criminal enterprise, in connection with 5 or more persons, to traffic in illegal drugs | Class A Felony Not eligible for suspended sentence or probation Prison: 10 - 99 years of life Fine: Not more than $60,000 |
13A-12-233 |
| Manufacturing controlled substance if 2 or more of following conditions are present: possession of firearm, use of booby trip, use of clandestine lab within 500 feet of a residence or school, the presence of someone under 17 years of age during the manufacturing process | Class B Felony Prison: 2 - 20 years Fine: Not more than $30,000 |
13A-12-218 |
| Manufacture of a controlled substance | Class B Felony Prison: 2 - 20 years Fine: Not more than $60,000 |
13A-12-217 |
| Distribution of controlled substances (furnished, sold, given away, manufactured, delivered, or distributed) | Class B Felony Prison: 2 - 20 years Fine: Not more than $30,000 |
13A-12-211 |
| Possession or receipt of controlled substances | Class C Felony Prison: 1 - 10 years Fine: Not more than $15,000 |
13A-12-212 |
| Person convicted of attempt, criminal solicitation & criminal conspiracy to commit controlled substance crime | Punishable the same as the crime itself | 13A-12-202 (c); -203(c); -204(c) |
MARIJUANA AND DRUG PARAPHERNALIA
| Violation | Penalties | AL Code § |
|---|---|---|
| Possession of marijuana in first degree (other than personal use of previously convicted of possession in second degree) | Class C Felony Prison: 1 - 10 years Fine: Not more than $15,000 |
13A-12-213 |
| Possession of marijuana in second degree (for personal use only) | Class A Misdemeanor Jail: Not more than 1 year Fine: Not more than $6,000 |
13A-12-214 |
| Use, possession, delivery, or sale of drug paraphernalia | Class C Felony for sale to one under 18 by one over 18 Prison: 2 - 20 years Fine: Not more than $30,000 Class C Felony for sale Prison: 1 -10 years Fine: Not more than $15,000 Class C Misdemeanor Jail: Not more than 3 months Fine: Not more than $500 |
13A-12-260 |
*Imprisonment sentences for felonies: 13A-5-7; fines for felonies 13A-5-11 & for misdemeanors: 13A-5-12. Driver’s license suspended for 6 months for any drug offense conviction (13A-12-290)
State of Alabama & Auburn City Code Alcohol Violations and Penalties
CRIMINAL VIOLATIONS
| Violation | Penalties | Code Section |
|---|---|---|
| Minor in Possession/Purchasing: State: Unlawful for person under 21 year of age to purchase, consume, process, or transport alcohol, liquor or malt or brewed beverages in the State. City: Unlawful for person under 21 to be in possession or under influence of alcohol. |
Jail: Not more than 30 days Fine: $25 - $100 Misdemeanor. Jail: Not more than 3 months Fine: $50 - $500 Mandatory suspension of driver’s license for 90 days to 6 months (including YO or juvenile status) City Jail: Not more than 6 months Fine: Not more than $500 |
|
| Contributing to Delinquency of Minor: State: It it unlawful for any parent, legal guardian, legal custodian, or other person to willfully aid, encourage, or cause any child (under age 19) to become or remain delinquent, which includes furnishing alcoholic beverages or controlled substances to the child. |
Class A Misdemeanor Not more than 30 days Jail: Not more than 1 year Fine: $6,000 |
AL Code § 12-15-111 |
| Aiding Minor in Obtaining Alcohol: City: It is unlawful for a person, directly or indirectly, to falsely represent that a minor is not a minor or is not of minority age under the state alcoholic beverage licensing code, and, by means of such false representation, to aid or abet, or attempt to aid or abet, such minor person to buy, receive, or otherwise obtain or aid and abet such minor person to attempt to buy, receive, or otherwise obtain, from any license or any other person, any alcohol. |
City Jail: Not more than 6 months Fine: Not more than $500 |
City Code § 3-17, 1-8 |
| Public Intoxication: State: Unlawful to appear in a public place under the influence of alcohol, narcotics, or other drugs to the degree that they endanger themselves, or another person or property. City: It is unlawful to be or remain in any area of a public park while under the influence of alcohol. |
Jail: Not more than 30 days Fine: $25 - $100 City Jail: Not more than 6 months Fine: Not more than $500 |
|
| Open Container: State: Unlawful for person to have in his/her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of public highway. City: Unlawful to drink or have an open or unconcealed possession in custody for drinking any alcoholic beverage at or in any public place (motor vehicle while on public streets) other than a place licensed to sell alcoholic beverages for consumption on the premises. Also unlawful to possess alcohol for consumption in city park without permission. |
Class C Misdemeanor Fine: No more than $25 City Jail: Not more than 6 months Fine: Not more than $500 |
|
| False Driver’s License/ID: State: Person under age of 21 may not knowingly use or attempt to use a false, forged, deceptive or otherwise nongenuine driver’s license to obtain or attempt to obtain alcoholic beverages within this state. City: It is unlawful for any person under 21 to knowingly present or possess a false instrument of identification which misrepresents the age of that person. |
Misdemeanor Jail: Not more than 3 months Fine: $50-$500 Mandatory suspension of driver’s license for 90 days to 6 months. City Jail: Not more than 6 months Fine: Not more than $500 |
|
| Failure to Leave Licensed Premise on Request: City: If owner of license premise (or employee or agent) asks any person to leave, failure or refusal to immediately do so is a misdemeanor. |
City Jail: Not more than 6 months Fine: Not more than $500 |
City Code § 3-20; § 1-8 |
| Underage Presence in Licensed Premises: City: It is unlawful for any person to be in, on, upon the licensed premises of any establishment licensed by the ABC board as a lounge retail liquor licensee, in violation of any state law regulating the age of persons allowed on such premises. |
City Jail: Not more than 6 months Fine: Not more than $500 |
City Code § 3-41; § 1-8 |
| Open House Party: State: No adult having control of any residence, who has authorized an open house party at the residence and is in attendance at the party, shall allow the party to continue if alcoholic beverages or controlled substances are illegally possessed or consumed at the residence by a person under the age of 21 and the adult knows this and fails to take reasonable action to prevent it. |
Class B Misdemeanor Jail: Not more than 6 months Fine: Not more than $3,000 |
AL Code § 13A-11-10.1 |
| Driving Under the Influence (DUI): State: A person shall not drive or be in actual physical control of any vehicle (or boat) while: there is 0.08 percent or more by weight of alcohol is in his/her blood (unless under the age of 21, in which the amount is 0.02 percent), or under the influence of alcohol, or under the influence of any controlled or other substance which impairs his/her ability to drive safely, or under the combined influence of alcohol and a controlled substance to a degree which renders him/her incapable of safely driving, or under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him/her incapable of safely driving. |
1st DUI Jail: Up to 1 year Fine: $600 - $2,000 Mandatory suspension of license for 90 days. 2nd DUI Jail: Min. 5 days Fine:$1,000 - $5,100 Mandatory suspension of license for 1 yr. 3rd DUI Jail: 60 days - 1 year Fine:$2,100 - $10,100 Mandatory suspension of driver’s license for 3 yrs. 4th DUI Prison1yr/1day - 10 yrs Fine: $4,100 - $10,100 Mandatory revocation of driver’s license for 5 yrs. City: has same penalties |
|
| State Offenses Any individual committing an offense (misdemeanor, felony or violation) against the state automatically commits an offense against the city. |
Unless otherwise provided: City: Jail: Not more than 6 months Fine: Not more than $500 |
City Code § 17-1, § 1-8 |
CIVIL VIOLATIONS
| Violation | Penalties | Code Section |
|---|---|---|
| Alabama Civil Damages Act. Any person may be liable for damages to a parent or guardian of a minor if that person unlawfully sells or furnishes alcohol to the parent/guardian’s minor child and if the person furnishing the alcohol had knowledge of or was chargeable with notice of the fact that the child was under 21. |
Civil cause of action - compensatory and punitive monetary damages determined by a jury | AL Code § 6-5-70 |
| Alabama Dram Shop Act. Wives, children, parents and others who are injured by a person who received alcohol or controlled substances contrary to Alabama law (underage minor, providing unlawful controlled substance, serving alcohol to visibly intoxicated person, etc.) may be liable for damages against the person who provided the alcohol or controlled substances to the underage minor or caused the individual to become intoxicated or furnished a controlled substance to that person. | Civil cause of action - compensatory and punitive monetary damages determined by a jury | AL Code § 6-5-71 & 6-5-72 |
Evaluation
The University, through its Alcohol and Other Drug Biennial Work Group, conducts a biennial review of its drug abuse prevention program to determine its effectiveness, implement needed changes, and ensure that disciplinary sanctions are enforced consistently. Certain parameters which may be evaluated and reviewed on a biennial basis include:
- the number of disciplinary actions issued,
- the number of students involved in classes and counseling session,
- the number of drug and alcohol arrests by the University Police,
- the number of recorded violations of housing regulations for drug and alcohol violations
- the amount of vandalism in the residence halls,
- the number of incidents of violence (rapes, assaults, etc.), and
- the outcomes of treatment, assessed at prescribed follow-up intervals.
